Brickey v. Cotter
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. In December, 1913, appellants, under the power conferred in various deeds of trust held by them, advertised for sale the lands embraced in those deeds.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. In December, 1913, appellants, under the power conferred in various deeds of trust held by them, advertised for sale the lands embraced in those deeds. Thereupon various unsecured creditors of Peter Brickey, the maker of the deeds of trust, applied to the probate court for the appointment of an administrator, and after, the appointment of the administrator, he and others instituted a suit in the chancery court, alleging that Peter Brickey was the owner of the lands described in the various deeds of trust…
1Opinion of the Court
Wood, J.,
(after stating tlie facts). When suit was instituted against appellants to enjoin them from, foreclosing their trust deeds under the power ( contained therein the .appellants, while denying the allegations of the complaint in that suit, did not ask that the complaint he dismissed and that they he allowed to foreclose under the power contained in their trust 'deeds. On the contrary, they made their answer a cross-complaint, in which they set up the indebtedness alleged to he due them by .'the, estate of Peter Brickey, deceased, and prayed that the chancery court grant them' a decree…
2Cases cited3 opinions
- Reynolds v. Canal & Banking Co.Supreme Court of Arkansas · 1875
- North American Trust Co. v. BurrowSupreme Court of Arkansas · 1901
- Deisch v. MooreSupreme Court of Arkansas · 1911
3Cited by3 opinions
- First Federal Savings of Arkansas, F.A. v. City National Bank of Fort SmithDistrict Court, W.D. Arkansas · 1988
- Van Pelt v. RussellSupreme Court of Arkansas · 1918
- Norton v. J. T. Fargason Co.Supreme Court of Arkansas · 1924